LAWS(P&H)-1995-8-16

RAN PAL SINGH Vs. BOARD OF SCHOOL EDUCATION

Decided On August 30, 1995
Ran Pal Singh Appellant
V/S
BOARD OF SCHOOL EDUCATION Respondents

JUDGEMENT

(1.) THIS petition has been filed to quash order (Annexure P -1) passed by the Board of School Education, Haryana (for short, the Board) declaring the petitioner ineligible to appear in the examination to be held by the Board and for grant of consequential reliefs.

(2.) THE petitioner appeared in 10+2 examination held by the Board in the year 1994. He took his examination at Government Vocational Education Institute, Tarawari. After the examinations were over, the petitioner received a notice dated 7.6.1994 issued under Regulation 19 of the Regulations of Board of School Education, Haryana, and he was asked to appear before the Unfairmeans Committee on 15.6.1994. Allegation levelled against the petitioner was that his handwriting in Hindi paper was different. In response to the notice, the petitioner appeared before the Unfair Means Committee and during the course of proceedings held by it, the Unfair Means Committee gave another notice to him under Regulation 13 and asked him to explain the allegation of having copied the answers from the script of the answer -book of another candidate. The petitioner denied the allegation and thereafter the Board passed the impugned order.

(3.) THE Board has replied by alleging that the petitioner has been punished on having been found guilty of having copied from the answer -book of another candidate named Jatinder, who had appeared in the examination under Roll No. 21105. The respondent -Board has pleaded that by mistake the notice was given to the petitioner under Regulation 19, but as soon as the mistake was discovered, notice under Regulation 13 was given and after giving him reasonable opportunity of hearing, the impugned order was passed. The respondent -Board says that the action was taken against the petitioner on the basis of Examiner's report (Annexure R -2).